The Savannah tribune. [volume] (Savannah [Ga.]) 1876-1960, 1887-06-25
State of South Carolinal
Comfy of BeaufortI
In thhe Common
pleas

Guardian ad llteH- FlAlnCHs,
against Recover
W. j whipper as Probate Money.
Judge of Beaufort Dert. J
Upon the complaint and afidavits IN
support of it, the defendant was arrested
end after brief Imprisonment, gave
bail. The matter came up before Inc
on motion to vacate the order of ar.
rest granted by clerk of this Court
From the pleadings and atidavits
submitted ON both sides, the following
are the facts of the case:
Last January. Thomas G. Scott was
appointed guardian Of the property of
the plaintiffs by the Probate Court in
and for Beaufort, and gave his bond
with 9. NJ. Wallace. and j. F. Hutch
ings sureties thereon. The Guardian
received into his possession $905,23,
funds of the minors, ant deposited the
same for safe keeping with S. NJ. Wal
lace, his ablest surety, and good busi-
ness man. In the month Of April last,
the Guardian, Scott agreed to purchase
of Robert Smalls tract of laud as an
investment for his wards; and applied
to the Probate Judge, W j Whipper to-
approve the purchase, and this he
seems to have done, but the proceed
Jugs have not before me and am not
informed that it was done in due form.
The Probate Judge says that no formal
application for investment was ever
made. Hearing of this and not being
satisfied with the matter, the sureties on
SCOTS bond petitioned the Probate
Courr to be relieved from the bond. The
Guardian appeared before the Court,
an accounting was had, the suretles
and guardian attending, the funds in
the hands OF S NJ Wallace was delivered
to the Probate Judge and the sureties
were relieved from further liability.
The guardian and Smalls desiring
still to consumate the purchase and sale
IF the land in behalf of the infant wards,
Scott demanded of The Probate Judge
the money surrendered by Wallace, but
he refused to pay it over to Scott, 1t is
alleged against that officer that he re-
fused TO pay it over unless he was allow
ed to retain out of it debt Of about
two hundred and eighty eight dollars
due t. him personally by Robert Smalls
In his answer the Probate denies this
The Probate Judge refused to pay over
money to Scott after his sureties were
relea, ed from the bond, aud deposited
the same with one of the sureties on his
official bond where the money now is
certificate of said deposit being held
by the Probate Judge. He alleges that
he is ready to hear any regular appica-
ton for an investment Of said money III
behalf of said minors and is willing to
approve and order the same to be made
on proof Of its propriety.
The guardianship of Scott has never
been revoked but the regular bond Of the
guardian is without sureties. Anothyr
bond was given by Scott on April 18th,
the day on which the sureties were dis
charged from the first bond But his
last bond is only for FIVE hundred dol.
lars and has single surety-Robert
Smalls, and was not intended to be a
substitute for the first bond according
to the statement Of the Probate Judge,
but merely as security for some addition
al pension money recently accruing to
the minors. The plaintiffs, however,
contend, that it was taken and received
as new bond in substitution Of the
first one.
Matters stood thus when the present
action was commenced, not by the guar
dian, Scott, to recover money, belong
ing to his wards, and which was once in
his possession but by the infants to re-
cover money belonging to them. Scott
acting as guardian ad Item only. The
plaintiffs, by order of the Clerk of this
Court had the Judge of Probate arres-
ted and imprisoned unit! he was admit
ted to bail.
l regret to say, that so far, as have
been informed at this hearing the whole
proceedings in tho Probate Court,
touching the release of sureties; the new
bond, the proposed investment of the
fund, and the deposit of the money.
have been marked by irregularity and
informality. Order might have been
brought out of this class by different
proceeding from the action begun by
the infants, and l think other and dit
ferent proceeding will yet have to be in